I thank the noble Baroness, Lady Chakrabarti, and the noble Lord, Lord Hain, for setting out their case for this amendment. I can do no better than echo the comments of the noble Lord, Lord Paddick, on heli-tele, which were absolutely to the point. I think the Committee is generally referring to some of the new, emerging technologies and the framework around them.
I have done quite a lot of work in Parliament on LFR and biometrics, but very little in this Chamber, so I am very pleased to have a chance to debate this with noble Lords this evening. I refer the Committee to some of the work I have done in the Science and Technology Committee on LFR, biometrics, forensics and so on. It makes for riveting reading.
We are really aware of the issues that noble Lords have raised. There are some links to the matters we debated on Monday relating to confidence in policing and the importance of policing by consent. We are mindful of the need to ensure that the police’s use of technology is appropriate, and it might assist the House if I begin by setting out some of the existing legal framework in this space. What noble Lords have talked about tonight covers a vast area, but I will give some of the headlines for a flavour of what we are doing.
The framework includes police common law powers to prevent and detect crime, the Data Protection Act 2018, the Human Rights Act 1998, the Equality Act 2010, the Police and Criminal Evidence Act 1984, the Protection of Freedoms Act 2012 and law enforcement bodies’ own published policies. This framework places important obligations on those responsible for the deployment of technology, including the need to undertake data protection and equality impact assessments, and has provisions to regulate automated decision-making where there are significant implications for the individuals affected.
I also want to assure the Committee that the Government recognise the importance of ensuring that there is strong evidence around the use of technology in policing. To this end, we supported the appointment, in June, of Professor Paul Taylor as the National
Policing Chief Scientific Adviser. Ensuring that all technological developments in policing are based on good evidence and the best understanding of science is absolutely crucial. Professor Taylor chairs a police science and technology investment board, which demands rigorous quality assurance of all proposals. He is also represented on the relevant National Police Chiefs’ Council committees and is developing national research and development guidance with the College of Policing.
We also recognise the need for appropriate co-ordination of investment decisions across the policing landscape. Therefore, with oversight from the ministerially led strategic capabilities and investment board, we are supporting the development, mobilisation and implementation of the 10-year national policing digital strategy, to ensure that the right infrastructure is in place across policing to harness and exploit the benefits of data and analytical capabilities.
Work under way includes establishing an NPCC data board to promote a consistent approach to developing data literacy; assessing efficacy, ethics quality and standards; and establishing a central data office within the Police Digital Service, which aims to improve data management and sharing across policing. The data office will provide the essential infrastructure for the sector to ensure strategic direction, central co-ordination, and accountability on national expectations of locally held data. Work is also under way to develop a national data ethics governance model, building on the work West Midlands Police has done to establish an ethics committee to advise on data science projects. The national model will also be developed in collaboration with the Centre for Data Ethics and Innovation and the Home Office.
9.15 pm
With regard to the noble Baroness’s points on the deployment of weapons, the Home Secretary approved the publication of the College of Policing’s Code of Practice on Armed Policing and Police use of Less Lethal Weapons. The code makes clear that all new less lethal weapons systems, certain specialist munitions and significant changes to pre-approved less lethal weapons systems require approval by the Home Office before they can be used by police forces in England and Wales. The code also sets out the United Nations’ principles on the use of force and firearms by law enforcement officials and that Governments and law enforcement agencies should equip law enforcement officials with various types of weapons and ammunition to allow for a differentiated use of force and firearms. These should include the development of non-lethal incapacitating weapons for use in appropriate situations.
We are very clear that, where appropriate, new technology is used to assist the police in the fight against crime and in protecting the public. Indeed, the public expect the Government to support operational partners in making the best use of technology to tackle serious harm such as knife crime, rape and serious sexual assault, child sexual exploitation, terrorism and other serious offences. We will therefore back and empower the police to use new technologies to deliver effect in a way that maintains public trust.
I will home in for a minute on LFR. For a while now, there has been a question about LFR being used in a legal way. Noble Lords who are geeks on this subject will know about the Bridges v South Wales Police case. The Court of Appeal said that there was a legal framework for police use of LFR which allows its use for policing purpose and where it is necessary and proportionate. The framework includes police common law powers to prevent and deter crime, data protection, equality and human rights legislation, the Surveillance Camera Code of Practice, and forces’ own published policies. The appeal also confirmed that forces’ published policies need to provide more clarity about when they will use this technology and who they are looking for when they use it. The College of Policing has now completed its consultation on national guidance to address the gaps, which it is intended will be published early next year.
I think the noble Lord, Lord Hain, mentioned the UCPI issue. As we discussed during the passage of the CHIS Act, what happened was not legal then and it is not legal now. I confirmed during the passage of that Bill that it would not, in any circumstances, be acceptable.
The noble Baroness, Lady Bryan of Partick, seemed to suggest that PCCs were not accountable because of the low turnout in elections. The point here is that they are elected and they set out their policing plan—in fact, they are becoming far more popular as local representatives of their people.
I want to address the point made by the noble Baroness, Lady Hamwee, about the Justice and Home Affairs Committee inquiry into the use of new technologies in law enforcement, which I am sure will touch on many of the issues raised today. We look forward to the report that stems from that and will study any recommendations very carefully.